As the Trump Administration continues to roll out sweeping immigration reform tensions are high for families who are concerned about being split up due to lack of immigration status. For couples that are married and only one spouse is a United States citizen, it is common to believe that the spouse seeking an immigration visa will likely be approved. Unfortunately, this is not the case, a portion of individuals who apply for United States immigration status based on their marriage to a United States citizen are denied. The reality is that your marriage to a United States citizen only allows you to apply for permanent residency in the country, it does not guarantee that your spouse’s visa will be approved.
Why Were You Denied
The first step in ultimately receiving permanent residency status after you have been denied is to understand why your original application was not approved. In most instances, the U.S Citizenship and Immigration (USCIS) office will provide minor details as to why your application may have been denied. In the event that you get the news back and you realize the immigration authorities made a mistake, it is best to speak with an immigration attorney who will be able to get to the bottom of the dilemma in a timely manner. Depending on your changing situation and the ever changing landscape of the United States immigration regulation, your ability to gain permanent residency can often change.
Appealing the Denial
Your ability to appeal the denial of your visa is based on several factors regarding how and where you applied for immigration status. If your spouse applied for permanent residence at an embassy or consulate and their application was denied, then the or she will not be able to appeal in most situations. However, if it is found that an error has occurred, your immigration attorney may be able to request an advisory opinion from the U.S. State Department who can request that the consulate that denied the application alter their decision to grant permanent residency status. However, in most cases, your best bet will be to simply correct the error and submit a new application with the necessary revisions.
Likewise, if your spouse applied for permanent residency status at the USCIS office and his or her application is denied, there is not a clear-cut way to appeal the decision. One of the best possibilities to have the decision reversed is if your immigration attorney can supply new relevant information regarding your case. However, it will likely be in your best interest to reapply using the new information that bolsters your application.
Do You Need Help?
No matter where you find yourself in the immigration process, an experienced immigration attorney can be vital to the success of your case. Your attorney can ensure you are meeting all deadlines and filling out all required forms. Throughout the process, your immigration attorney will stand up for you and your spouse to ensure you are being treated fairly. If you are in need of assistance contact the Law Office of Raphael M. Scheetz to schedule a consultation.